Cheez-It Class Action Says Whole Grain Crackers are Mislabeled

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Three plaintiffs in a new consumer class action lawsuit say Kellogg Co.’s labeling for Cheez-It Whole Grain crackers is false and misleading.

Plaintiffs Kristen Mantikas, Kristin Burns and Linda Castle say that despite the “whole grain” representation on the product’s packaging, Cheez-It Whole Grain crackers actually contain more refined flour than whole grains. They argue that labeling such a product as being “whole grain” misrepresents the product’s actual ingredients.

All three plaintiffs say they bought Cheez-It Whole Grain crackers several times each in their respective home states – Mantikas in New York, and Burns and Castle in California. They all say they relied on the “whole grain” representation in deciding to buy the product, and that they paid a premium for what they were led to believe was a predominantly whole-grain product.

But the ingredient list for Cheez-It Whole Grain crackers states that enriched flour is the primary ingredient, the plaintiffs say. Whole wheat flour is the third ingredient listed – coming after “soybean and palm oil with TBHQ for freshness,” the lawsuit asserts.

For comparison, the plaintiffs note that some of Kellogg’s competitors’ products labeled as “whole grain” are actually made with predominantly whole grain flour. Nabisco Wheat Thins Whole Grain are made of 100 percent whole grains, they say, as are Nabisco Triscuits. Pepperidge Farm Goldfish labeled “Baked With Whole Grain” are also made predominantly with whole grain flour, they state.

Before being refined, wheat still has its bran and germ, which the plaintiffs say are high in “fiber, vitamins, minerals, antioxidants and other nutrients.” They claim that the refinement process removes the bran and germ from the wheat and leaves only the endosperm which, according to plaintiffs, consists of little more than starch.

Had the plaintiffs known the product contained more refined grain than whole grain, they say, they never would have purchased or paid more for Cheez-It Whole Grain.

The three plaintiffs argue that the labeling of Cheez-It Whole Grain crackers violates New York’s Consumer Protection from Deceptive Acts and Practices Act. They also allege violation of California’s Unfair Competition Law, False Advertising Law, and Consumer Legal Remedies Act.

The plaintiffs are proposing two separate nationwide Classes, both defined to include everyone in the U.S. and its territories who bought Cheez-It Whole Grain crackers for their personal use since May 19, 2010. One of the Classes will seek monetary relief, and the other will seek injunctive relief. The plaintiffs also propose two subclasses for Cheez-It purchasers who live in California and New York.

Plaintiffs seek an award of damages to include compensatory, incidental, and consequential damages, plus punitive damages in accordance with proof and the maximum statutory damages allowed by law. They are also asking for equitable financial relief and reimbursement of litigation costs and attorneys’ fees.

The plaintiffs are represented by Michael R. Reese and George V. Granade of Reese LLP, Maia Kats and William Thanhauser of the Center for Science in the Public Interest, and Steven A. Skalet and Craig L. Briskin of Mehri & Skalet, PLLC.

The Cheez-It Whole Grain False Advertising Class Action Lawsuit is Kristen Mantikas, et al. v. Kellogg Co., Case No. 2:16-cv-02552, in the U.S. District Court for the Eastern District of New York.

UPDATE: On Dec. 11, 2018, a Cheez-It whole grain false advertising class action lawsuit will be sent back to federal court, according to a decision by the Second Circuit.